Sixth Circuit: In ERISA Suit for Late Benefit Fund Contributions, Presence of a Live Contract Is Not Necessary for District Court’s Jurisdiction
Sixth Circuit: In ERISA Suit for Late Benefit Fund Contributions, Presence of a Live Contract Is Not Necessary for District Court’s Jurisdiction
In Operating Engineers’ Loc. 324 Fringe Benefit Funds v. Rieth-Riley Constr. Co., No. 21-1229, 2022 WL 3147929 (6th Cir. Aug. 8, 2022), Plaintiffs-Appellants are a group of employee benefit funds…
Eleventh Circuit: Under De Novo Review of an ERISA Benefit Decision, District Court Cannot Limit Review to the “Administrative Record”
In Harris v. The Lincoln National Life Insurance Company, Lincoln Life Assurance Company of Boston, No. 21-13186, __F.4th__, 2022 WL 3009199 (11th Cir. July 29, 2022), the Eleventh Circuit issued…
Ninth Circuit Holds Equitable Tolling and Equitable Estoppel Do Not Apply to Statute of Limitations in ERISA Case
In Serafin v. William C. Earhart Company Inc., et al., No. 20-35147, 2022 WL 2828223 (9th Cir. July 20, 2022) (Before: Schroeder, R. Nelson, and Vandyke, Circuit Judges), a short…
Ninth Circuit: ERISA Plan Must Arbitrate Dispute Against Its Claims Administrator
In Board of Trustees of The IBEW Local No. 640 And Arizona Chapter NECA Health and Welfare Trust Fund v. Cigna Health and Life Insurance Company, No. 21-16424, 2022 WL…
Fourth Circuit Joins Sixth, Eighth, and Ninth Circuits in Holding Punitive Damages Are Not Recoverable Under LRMA § 301 for Late Contribution Payments
In Plumbers & Pipefitters Loc. 625 v. Nitro Constr. Servs., Inc., No. 20-2080, __F.4th__, 2022 WL 532946 (4th Cir. Feb. 23, 2022), the Fourth Circuit considered whether LMRA § 301…
Eleventh Circuit Affirms Denial of Untimely Post-Judgment Motion for New Trial
In Clark v. IBM, No. 21-13181, 2022 WL 176136 (11th Cir. Jan. 20, 2022), a suit involving a claim for ERISA-governed benefits, the district court dismissed Plaintiff-Appellant Blondell Garner Clark’s…
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